Isaac

Isaac v. Department of Motor Vehicles

Good Law
155 Cal. App. 4th 851·2007 Cal. App. LEXIS 1607·66 Cal. Rptr. 3d 372
Court of Appeal of CaliforniaSeptember 26, 2007A116502California4,848 words

Opinion

Opinion

Kline, J.

California is party to the interstate Driver License Compact (Veh. Code, § 15000 et seq.) (the Compact), which provides that, with respect to specified motor vehicle offenses, including the one at issue in this case, conduct leading to an out-of-state conviction may be treated as if the conduct had occurred in the driver’s home state. (§§ 15023, subd. (a)(2), 23626.) Application of the Compact requires sufficient evidence of conviction of a covered offense under a substantially similar statute. This appeal requires us to clarify the nature of the evidence sufficient to prove that the out-of-state conviction was based on conduct that would also violate a provision of our Vehicle Code.

The trial court found that evidence relied upon by the Department of Motor Vehicles (DMV) to prove an out-of-state conviction of driving under the influence of an of alcoholic beverage (DUI) was insufficient to prove that the violation from which the conviction arose would have constituted a violation of section 23152. We disagree and shall therefore reverse the judgment.

FACTS AND PROCEEDINGS BELOW

On June 2, 2005, respondent Brian McGill Isaac was convicted in California of driving a…

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